Senate debates

Wednesday, 9 October 2024

Questions without Notice

Visa Refusal or Cancellation

2:32 pm

Photo of Malcolm RobertsMalcolm Roberts (Queensland, Pauline Hanson's One Nation Party) Share this | | Hansard source

My question is directed to the Minister representing the Minister for Immigration and Multicultural Affairs and the Minister representing the Attorney-General, Senator Watt. Last week the Australian Federal Police publicised the case of a father who was convicted of attempting to force his 15-year-old and 17-year-old daughters into arranged marriages. For clarity: my question relates only to arranged marriages where either party is not given a choice. To respect the privacy of the children involved, my question goes to policy. Is human trafficking a 15-year-old girl into marriage sufficient grounds for deportation? If not, why not?

2:33 pm

Photo of Murray WattMurray Watt (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | | Hansard source

Thank you for the question. I don't have details as to the specific case that you're referring to, but certainly what I can say is that a breach of character grounds on any basis would be the basis for cancelling someone's visa and deporting them from Australia. If it is the case that a crime has been committed in this case or that character grounds in general were found not to be satisfied, then of course the outcome of that would be that a visa would be cancelled. As I said, I don't have enough details about the particular case involved, and you yourself said you didn't want to go to the details of that case and wanted to talk more generally, but that is the general position when it comes to visas. If there's any further information I can provide, I would be happy to do so.

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Senator Roberts, first supplementary?

2:34 pm

Photo of Malcolm RobertsMalcolm Roberts (Queensland, Pauline Hanson's One Nation Party) Share this | | Hansard source

Minister, the forced marriage of a child carries a nine-year prison penalty and 25 years if a child is sent oversee for the marriage. Australia Federal Police commander Kate Ferry described the offence as 'human trafficking', as does the Attorney-General's website. Your answer downplayed a serious issue of women's rights and contradicts your own website. Minister, with 91 cases of forced marriage reported to the AFP in the year to June, when will you start deporting the offenders, including the clergy involved?

2:35 pm

Photo of Murray WattMurray Watt (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | | Hansard source

Again, I don't have the details of the 91 cases, and I'm not certain that they all involve people who are in Australia on visas. I want to fact-check that before accepting that that is the case.

But, as I said, when it comes to visas that are granted to people to visit Australia, they come on conditions. Of course, any visa holder has responsibilities to the people of Australia while they're present in Australia. Ordinarily what would occur is that if someone is convicted of an offence—and I don't know whether any of these individuals have been convicted of offences. But if that were to occur then they would ordinarily serve their sentence in an Australian prison and, once they've served their sentence, that would be the time at which they would be deported, that their visa would be cancelled. Ordinarily, as I understand it, we don't cancel people's visas before we put them in jail, if they've committed an offence. They would serve out their sentence in a jail and then, on release, that would be the time that their visa would be cancelled.

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Senator Roberts, second supplementary?

2:36 pm

Photo of Malcolm RobertsMalcolm Roberts (Queensland, Pauline Hanson's One Nation Party) Share this | | Hansard source

Minister, how many arrivals on permanent visas were deported for criminal activity in calendar 2023, or later if you have the data? For clarity, I don't want visa overstays or deportations on technical grounds. My question goes specifically to a reluctance to deport for a serious criminal offence.

Photo of Murray WattMurray Watt (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | | Hansard source

Again, I don't have that level of detail with me, representing the Attorney-General, but if there's information that I can provide to answer your question I'd be happy to provide that. What I can say is that, obviously, it's a matter for police if there is an allegation of a crime. As I said, I'm not across the details of this particular report that you're referring to. I'm not aware of whether the person has been charged or convicted, but it's a matter for police—

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Minister, please resume your seat. Senator Roberts?

Photo of Malcolm RobertsMalcolm Roberts (Queensland, Pauline Hanson's One Nation Party) Share this | | Hansard source

Standing order 72(3)(c) says that answers shall be directly relevant to each question. I'm not after the details on this question. I've got them. What we want to know is: how many arrivals and permanent visas were deported for criminal activity in calendar 2023, or later if you have the data?

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Senator Roberts, you simply needed to have stood and said 'relevance'. The minister was relevant. He indicated in the first part of his answer that if he could get more detail he would, and he is entitled to continue his answer. Minister Watt, please continue.

Photo of Murray WattMurray Watt (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | | Hansard source

As I said, Senator Roberts, I'm happy to provide any further details in addition to anything that I do have here. What I am aware of is that significantly more visa cancellations have occurred under this government than ever occurred while Mr Dutton was the home affairs minister. That's something I can tell you. But I'm happy to come back to you with additional details once they come to hand.